Public Charge

Please noteThe information provided in this post was accurate and up-to-date at the time of posting prior to 9/15/2026. Due to the dynamic nature of immigration policy, it is possible that the information or links provided may have changed over time. Users are advised to verify the accuracy and relevance of the content. THIS PAGE HAS NOT BEEN UPDATED WITH INFORMATION REGARDING F-1 REGULATORY CHANGES IN OPT PROCESSES EFFECTIVE 9/15/2026. See BIO's Elimination of Duration of Status page for updates.

November 21, 2019

The Department of Homeland Security (DHS) and Department of State (DOS) recently published new federal regulations regarding “public charge,” which is an evaluation of whether a foreign national is likely to need financial support from the U.S. or state government while they are in the U.S. The rules may impact students and scholars who apply for admission to the U.S. for a U.S. visa, for a change of  immigration status within the U.S., adjustment of status to Lawful Permanent Residence (Green Card), or for an extension of status for certain other nonimmigrant categories. Additionally, the rules create strong consequences for use of specific public benefits. 

Currently, lawsuits are preventing the DHS rule from going into effect or being enforced. BIO has prepared a summary of the Public Charge rules to provide you with important information regarding these impending changes. Please visit the BIO Public Charge webpage for information.